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Ghulam Nabi Jan vs State on 28 July, 1953 cites

Deputy Commissioner, Kheri vs The President Notified Area Committee, ... on 18 August, 1948

8. The learned Asstt. Advocate General understood the force of this argument and began to advance arguments in a general manner - one such argument being that the Government being the fountain-head of all powers, can order the transfer of a detenu from one place to another, even though the law did not specifically or even generally empower them to do so. We find considerable difficulty in agreeing to this proposition advanced by the learned Asstt. Advocate General, we suppose, in sheer dismay. He must know that the Government can exercise only those powers which have been delegated to it by the Legislature. Governments have no inherent powers of their own. They have to execute the wishes of the legislature which in fact has the sovereign authority. If the legislature does not in specific words authorize the Government to take a certain action against a person who is dealt with under some law, the power to take such action cannot be presumed without a clear provision of law. The Courts have to administer the law as it is, and as pointed out by their Lordships of the Allahabad High Court reported in - Deputy Commr. Kheri v. President Notified Area Committee Misri-Kum-Nimar AIR. 1949 All 683 (C).
Allahabad High Court Cites 10 - Cited by 3 - Full Document
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